Ok Feb 17 we have the court date for the Motion for Reconsideration based on GAL poor performance (this is actually quite a strong motion- GAL failed to follow several statutory requirements before/when making his recommendation)
However, after thinking about it over the last several weeks, I thought it may be better for my son to actually stay with his dad and spend almost all of his out of school time with me, because the alternative is for him to spend all of that unstructured time in that horrible trailer court, with nothing to do.
I told my ex that I would be willing to settle if we could just tweak the order a bit...
(his lawyer was told by the judge to get my input in drafting the order but did not, he just drafted a pretty restrictive order and submitted it to the judge for signing)
so my ex says he'll get back to me- when he does get back to me his answer is no he doesn't want to talk about adjusting the order at all, he likes it just the way it is (of course he does
)
so I will go forward with the Motion...
in the end I have no doubt that the very least that will happen is that the order will be modified with my ex retaining primary placement
but how much weight does it carry that I was willing to compromise with the ex? and he was not willing to discuss the issue at all? does this open up the possibility for me requesting my attorney's fees be reimbursed by my ex (because for 2 totally seperate reasons this case could have been kept out of court)?
any thoughts?
However, after thinking about it over the last several weeks, I thought it may be better for my son to actually stay with his dad and spend almost all of his out of school time with me, because the alternative is for him to spend all of that unstructured time in that horrible trailer court, with nothing to do.
I told my ex that I would be willing to settle if we could just tweak the order a bit...
(his lawyer was told by the judge to get my input in drafting the order but did not, he just drafted a pretty restrictive order and submitted it to the judge for signing)
so my ex says he'll get back to me- when he does get back to me his answer is no he doesn't want to talk about adjusting the order at all, he likes it just the way it is (of course he does
)so I will go forward with the Motion...
in the end I have no doubt that the very least that will happen is that the order will be modified with my ex retaining primary placement
but how much weight does it carry that I was willing to compromise with the ex? and he was not willing to discuss the issue at all? does this open up the possibility for me requesting my attorney's fees be reimbursed by my ex (because for 2 totally seperate reasons this case could have been kept out of court)?
any thoughts?
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But, in NY the parties are not permitted to bring up any settlement offers/denials during the hearing/trial. In my case, I am uncertain what went on behind closed doors except the judge highly recommend to my ex's attorney that he settle. The Law Guardian was well aware I presented a fair (50/50) offer which he declined, and I am sure that was reflected in her opinion of my parenting skills.
although I am going to really chuckle to myself if I end up with Joey in my physical custody after the next round is done....my ex will have really shot himself in the foot in his effort to screw me over